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Construction of fence is actionable tort

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The Indiana Court of Appeals has reversed the trial court in a land dispute case involving two companies.

In Indiana Regional Recycling, Inc.v. Belmont Industrial, Inc., No. 49A02-1103-PL-263, Indiana Regional Recycling and Belmont Industrial own adjoining parcels of land, known as parcels I, II and III. Belmont owns parcels I and III, and Indiana Regional owns parcel II. A gravel pathway running through parcel I allows access to parcel II.

Indiana Regional leased parcel II to a tenant. Belmont built a fence on parcel I, preventing the tenant from accessing parcel II and thereby causing Indiana Regional to breach its contract with the tenant.

The COA held that intentional interference with a contract is an actionable tort. It concluded that the trial court erred in granting Belmont’s cross-motion for partial summary judgment and motion for summary judgment based on its findings that Indiana Regional did not have an easement on Belmont’s property implied by necessity. The COA also held the trial court erred in granting Belmont’s motion for summary judgment based on its finding that Belmont did not commit tortious interference with Indiana Regional’s contract with its tenant.

The appellate court remanded to the trial court for proceedings consistent with its opinion.
 

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  1. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

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